BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

During the Hip Hop Show broadcast on Contact 89 FM on 20 February 1997 at about

10.40pm, rap songs containing the "f" word were played.

Mr Francis of Hamilton complained to Contact 89 FM that the lyrics of two songs

which he heard played were offensive because they were peppered with four-letter

words. Even at that late hour, Mr Francis considered the content was unsuitable. He

suggested that the station review its policy with respect to such material.

Contact 89 FM responded that its playlist catered to the tastes of its youth-oriented

student station. Because the language complained about was commonly used in that

group, it did not consider acceptable standards had been violated. Furthermore, it

noted that no other complaints had been received. It declined to uphold the complaint.

Dissatisfied with Contact 89 FM's decision, Mr Francis referred the complaint to the

Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons given below, the Authority declines to uphold the complaint.

Decision

The members of the Authority have listened to a tape of the song complained about

and have read the correspondence (summarised in the Appendix). As is its practice,

the Authority determines the complaint without a formal hearing.

Rap songs played on the student station Contact 89 FM in Hamilton on 20 February

1997 at about 10.40pm included one or two songs which contained the "f" word.

Mr Francis complained that the lyrics of songs he heard about 10.40pm were

"peppered with four-letter words" and full of obscenities. He considered the songs

breached the standards of good taste and decency, even at the late hour at which they

were played. Mr Francis suggested that the station review its policy regarding

offensive material, and indicated that he would be satisfied if such action was taken.

When it responded to the complaint, Contact 89 FM identified the song as "Ganstas

Make the World Go Round" by Westside Connection. When asked for clarification

by the Authority, the station confirmed that there was only one song which contained

the "f" word about that time. It explained that the Hip Hop Show had been part of its

programming format for more than 8 years and that it reflected the youth culture.

Acknowledging that the music did not appeal to all tastes and sensibilities, it

maintained that the station merely reflected its audience's tastes, and that it ensured

that the possibility of offence to the majority was kept to a minimum. Contact 89

FM considered that it operated in a responsible and responsive fashion, adding that its

regular listeners did not object to its playlist. It also noted that the song was placed

near the end of a dedicated rap music show – at around 10.40pm – and had been

specifically requested by listeners.

The Authority assessed the complaint under standard R2 of the Radio Code of

Broadcasting Practice, which requires broadcasters:

R2   To take into consideration currently accepted norms of decency and

good taste in language and behaviour, bearing in mind the context in

which any language or behaviour occurs.

The Authority has dealt with other complaints about offensive language in rap music,

most recently concerning a song called "Fuck that Shit", broadcast at 9.00am, where it

concluded in Decision No: 1997-029, dated 20 March 1997, that "the song's

aggressive, anti-social lyrics are not consistent with the values held by most New

Zealanders and would generally be considered offensive." It upheld the complaint that

the language in that song breached the standard of good taste.

When it assesses a complaint about a breach of good taste, the Authority is bound to

take into account contextual matters. It notes that the song complained about on this

occasion was broadcast during a two hour long rap music programme, and that rap

music is a genre which is known for its provocative language and anti-establishment

themes. Further, it was broadcast late in the evening, near the end of the programme.

While it does not condone the use of the "f" word or other offensive language being

broadcast on radio, the Authority considers this song was at the lesser end on a scale

of offensiveness. It has made it clear in other decisions about student radio stations

that standards are nevertheless applicable to them, but at the same time has

acknowledged that the boundaries of what is acceptable might well be wider for

student radio than for mainstream stations. When it takes into account this and the

other contextual factors, the Authority decides that the standard was not breached on

this occasion.

The Authority reminds student radio broadcasters that this decision does not give

them carte blanche to broadcast any and all songs with potentially offensive lyrics.

For the reasons set forth above, the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Lyndsay Loates
Member
19 June 1997

Appendix

Mr Francis's Complaint to Contact 89 FM Ltd - 22 February 1997

Ken Francis of Hamilton complained to Contact 89 FM about its broadcast of rap

music at about 10.40pm on 20 February 1997. The lyrics of two songs which he

happened to hear were "peppered with four-letter words" and full of obscenities. In

his view, the songs contravened standards of good taste and decency. He argued that

such language was not socially acceptable, even at that late hour.

He asked that Contact 89 FM review its policy on such material and indicated that he

would be satisfied when he had heard that such action had been taken.

Mr Francis added that he was a secondary school teacher and the father of three

teenagers and was sincerely concerned about the music and the values that young

people were being exposed to. He considered that Contact 89 FM had a

responsibility to young people.

Contact 89 FM's Response to the Complaint - 17 March 1997

Contact 89 FM explained that the Hip Hop Show was a very successful format which

had been part of its programming for more than 8 years. It noted that the programme

reflected the youth culture, but pointed out that inevitably the music appealed to

different tastes and sensibilities.

Contact 89 FM argued that the word Mr Francis complained of had become

commonly used in the group which the station targeted. Bearing that context in mind,

it was confident that the station had not violated accepted norms, but simply reflected

the youth culture in which it was immersed.

The station also noted that it had used a youth-oriented format for 21 years and in

that time had had very few complaints about language. It was therefore confident that

it had operated responsibly, and ensured that the possibility of offence was kept to a

minimum. It added:

We believe that we operate in a responsible and responsive fashion and if

considerable offence was being caused to our listenership because of our on-air

policies then I would have expected a far greater number of complaints than we

have received.

Contact 89 FM acknowledged that some listeners might not like its music formats, but

maintained that in the context, it was appropriate.

The station did not consider any action was necessary to try to prevent future

broadcasts in an after 10.00pm timeslot.

Mr Francis's Referral to the Broadcasting Standards Authority - 29 March 1997

Dissatisfied with Contact 89 FM's response, Mr Francis referred the complaint to the

Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

He repeated that the rap music contained the "f" word over and over ad nauseam, and

requested that the Authority consider the matter on his behalf.

Contact 89 FM's Response to the Broadcasting Standards Authority - 23 April

1997

Contact 89 FM explained that it took complaints very seriously, but it did not believe

it acted irresponsibly on this occasion. It accepted that not all people who tuned into

its station would enjoy its music, and inevitably there would be some who found the

content and music not to their liking.

It maintained that the use of the word within the song did not violate the broadcasting

codes. It wrote:

Contact 89 FM has employed a youth-oriented format for 21 years and we

strongly support the notion that free-to-air broadcasters such as Contact 89

FM have an implicit responsibility to keep in mind the diversity of opinions

and beliefs held by all sectors of society, other than the target audience, in

order to minimise the possibility of causing offence. I would ask that Mr

Francis and the Broadcasting Standards Authority take into consideration the

context within which Contact 89 FM operates - that of a student based radio

station - and couple this with the format complained of - a successful hip hop

music show which has been running for a number of years in a later evening

timeslot - when considering this complaint further. The station and

management have taken into consideration the currently accepted norms of

decency and good taste and we believe that we have acted responsibly in this

matter.

The station appended information prepared by its Programme Director which

explained the context in which the song was played. It noted that it had been

requested by a listener and that it had been included at the end of the show. The

programme director wrote:

While I am not defending the use of such language - it does pose the question -

which is more offensive? The language in the song, or the banning of the song

from its target audience.

Mr Francis's Final Comment - 30 April 1997

Mr Francis did not dispute Contact 89 FM's argument that there was a sub-culture

for whom the word was not offensive. His protest was not on the grounds of whether

there was an audience for the type of language. To Mr Francis, it was a question of

what was right and what was wrong. In his view, the majority of New Zealanders

would view such language as wrong, even if they used it themselves. It was not an

issue of offence, but of right values.

Mr Francis believed people should be able to turn on the radio at any time of the day

or night and not be assaulted by such language. He added that the song or songs in

question used the word angrily and aggressively, over and over again.